Law and Philosophy Commons^™

The Epidemiology Of Critique, Michael Fischl

Faculty Articles and Papers

No abstract provided.

Aristotle On Animals, Agency, And Voluntariness, Nancy E. Schauber

Richmond Journal of Law and the Public Interest

In this article, I propose a way of reading the text that has both interpretive and philosophical merits. It is a more straightforward and literal reading of the text, requiring less interpolation than alternative readings. It also attributes to Aristotle a theory of moral responsibility which is, if not correct, at least as worthy of attention as many of the contemporary theories under debate. My own view is that the objections raised miss their target not because they fail to voice legitimate concerns about an adequate theory of moral responsibility, but because what Aristotle offers in the text in question …

A Comparative Review Of A College Education's Effect On Law Enforcement Officers Relating To Internal Affairs Complaints, Bill Griffin

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The purpose of this research is to determine if a relationship exists between higher education levels and misconduct allegations for Deputy Sheriffs. Official documentation from 128 internal affairs reports were collected from the Palm Beach County Sheriff's Office. Significant relationships were found to exist between higher education levels and the misconduct allegations. While some college exposure may be beneficial for job performance, a four-year degree may not yield the desired results.

Truth, Truths, "Truth," And "Truths" In The Law, Susan Haack

Articles

No abstract provided.

Aristotle On Animals, Agency, And Voluntariness, Nancy E. Schauber

Richmond Public Interest Law Review

In this article, I propose a way of reading the text that has both interpretive and philosophical merits. It is a more straightforward and literal reading of the text, requiring less interpolation than alternative readings. It also attributes to Aristotle a theory of moral responsibility which is, if not correct, at least as worthy of attention as many of the contemporary theories under debate. My own view is that the objections raised miss their target not because they fail to voice legitimate concerns about an adequate theory of moral responsibility, but because what Aristotle offers in the text in question …

A Bad Subject, Daria Roithmayr

Publications

No abstract provided.

Afterword: The Perils And Pleasure Of Activist Scholarship, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

How To Be A Moorean, Donald H. Regan

Articles

G. E. Moore’s position in the moral philosophy canon is paradoxical. On the one hand, he is widely regarded as the most influential moral philosopher of the twentieth century. On the other hand, his most characteristic doctrines are now more often ridiculed than defended or even discussed seriously. I shall discuss briefly a number of Moorean topics—the nonnaturalness of “good,” the open question argument, the relation of the right and the good, whether fundamental value is intrinsic, and the role of beauty—hoping to explain how a philosophically informed person could actually be a Moorean even today.1

The Unruliness Of Rules, Peter A. Alces

Faculty Publications

No abstract provided.

Preferences And Rational Choice: New Perspectives And Legal Implications: Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang

Publications

No abstract provided.

Book Review, Lakshman Guruswamy

Publications

No abstract provided.

Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff

Publications

No abstract provided.

Easy For You To Say: An Essay On Outsiders, The Usefulness Of Reason, And Radical Pragmatism, Daria Roithmayr

Publications

In this essay, I argue that Schlag's critique of reason fails to take into account the concerns of people of color and women in two ways. First, it fails to address the way in which the ideology of reason structures racial and gendered power. Second, it fails to consider the value of the ideology of reason for people of color and women, both of whom might extract political gain from deploying the incumbent ideology to their advantage. I offer a version of radical pragmatism that attempts to reconcile Schlag's critique of reason with these criticisms.

Public Reason As A Public Good, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green

Faculty Publications

No abstract provided.

Law And Judicial Duty, Philip A. Hamburger

Faculty Scholarship

Two hundred years ago, in Marbury v. Madison, Chief Justice Marshall delivered an opinion that has come to dominate modern discussions of constitutional law. Faced with a conflict between an act of Congress and the U.S. Constitution, he explained what today is known as "judicial review." Marshall described judicial review in terms of a particular type of "superior law" and a particular type of "judicial duty." Rather than speak generally about the hierarchy within law, he focused on "written constitutions."

He declared that the U.S. Constitution is "a superior, paramount law" and that if "the constitution is superior to any …

About Morality And The Nature Of Law, Joseph Raz

Faculty Scholarship

In support of my longstanding claim that the traditional divide between natural law and legal positivist theories of law, the present paper explores a variety of necessary connections between law and morality which are consistent with theories of law traditionally identified as positivist.

Winking At Jubelirer’S Maneuvers, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Congressional Oath Of Office: Responses To Congressman Vic Snyder, Dale Bumpers, Bob Filner, J. Dennis Hastert, Blanche Lambert Lincoln, David E. Price

University of Arkansas at Little Rock Law Review

No abstract provided.

A Case Of Deduction, Or, Upon The First Meeting Of Sherlock Holmes And Oliver Wendell Holmes, Jr., John H. Watson M.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

The Case Against Assisted Suicide Reexamined, Ani B. Satz

Michigan Law Review

In Toni Morrison's acclaimed novel Beloved, Sethe, a runaway slave woman on the brink of capture, gruesomely murders one of her infant children and is halted seconds before killing the second. Cognizant of the approaching men, Sethe's actions are deliberate, swift, confident, and unflinching. Afterwards, she sits erect in the Sheriff's wagon. The reader is left to struggle, situating the horror of the event within the context of the reality of slavery. Was this an act of mercy tQ prevent the suffering Sethe's child would know as a slave? Is loss of autonomy, even rising to the condition of slavery, …

Posner's Pragmatism And Payton Home Arrests, Matthew A. Edwards

Washington Law Review

In recent years, Richard A. Posner, a respected federal appellate judge and prolific scholar, has been at the vanguard of a resurgence of interest in legal pragmatism. Posner and other scholars have called for judges to expand their horizons beyond conventional legal reasoning and to embrace interdisciplinary methodology and empirical research in the legal decisionmaking process. At the same time, however, prominent jurisprudential scholars have expressed both practical and philosophical objections to Posner's controversial prescription for increased judicial reliance on social science research. This Article seeks to explore the value and limits of Posner's pragmatism and empirical inquiry in the …

Teaching Wesley Hohfeld's Theory Of Legal Relations, Curtis Nyquist

Journal of Legal Education

No abstract provided.

Bijuralism In Law's Empire And In Law's Cosmos, Nicholas Kasirer

Journal of Legal Education

No abstract provided.

Jubelirer’S Jubilee, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Contradictions, Open Secrets, And Feminist Faith In Enlightenment, Heather Hughes

Feminist Scholarship

INTRODUCTION: Judges often malign exception making as the erosion of legal rules, yet in the same breath sanction the territory that exceptions have eclipsed to date. Judges may embrace as precedent the course of exceptions that has shaped doctrine so far, but then cite the importance of enforcing common law rules to refuse exceptions that would redress violence against women. This paradoxical stance prompts many feminists to target ignorance of violence in women's lives as the source of judicial resistance to establishing exceptions to rules that prevent recovery for women's harms. These feminists call for education, for increased awareness, to …

Mathematics And The Legal Imagination: A Response To Paul Edelman, Michael I. Meyerson

All Faculty Scholarship

This article, a response to a review by Prof. Paul Edelman of Prof. Meyerson's book "Political Numeracy: Mathematical Perspectives on Our Chaotic Constitution," explains how the study of mathematics can spur creative legal thinking.

Book Review, Matthew D. Adler

Faculty Scholarship

No abstract provided.

Who Cares? Why Bother?: What Jeff Powell And Mark Tushnet Have To Say To Each Other (A Review Of Christian Perspectives On Legal Thought, Edited By Michael W. Mcconnell, Robert F. Cochran, Jr., And Angela Carmella, William Brewmaker

Oklahoma Law Review

No abstract provided.